DDT, NEW DELHI vs. M/S. COBRA INSTALACIONES Y SERVICIOUS SA, NEW DELHI

PDF · subscribers
ITA 5010/DEL/2013Status: DisposedITAT Delhi31 May 2018AY 2005-062 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeals should not have been filed or should have been withdrawn by the Revenue, as the tax effect was below the revised monetary limit set by CBDT Circular No. 21 of 2015.

What were the facts?

The Revenue filed appeals against ITAT orders for assessment years 2005-06 and 2006-07. The tax effect on the additions made by the Assessing Officer was less than Rs. 10 lakhs in both years.

What were the issues?

Whether appeals filed by the Revenue with a tax effect below the prescribed monetary limit, as per CBDT circular, should be dismissed without going into the merits.

Which sections of the Income-tax Act were involved?

Section 115JB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘B’, NEW DELHI

Before: SH. AMIT SHUKLA & SH. O.P. KANT

Hearing: 31.05.2018Pronounced: 31.05.2018

ORDER PER BENCH: These appeals by the Revenue are directed against different orders of learned Commissioner of Income Tax (Appeals), New Delhi, dated 27.06.2013 in relation to assessment years 2005-06 & 2006-07 respectively.

2.

We have heard Ld. Sr. DR and perused the relevant material on record. We find that in the return for the assessment year 2005-06, the total income declared by the assessee u/s 115JB of the Income-tax Act, 1961 (for short the Act’) is Rs.79,94,642/- and the income assessed under Section 115JB of the Act by the Assessing Officer for assessment year under consideration is Rs.85,38,399/-. Therefore, the tax effect on the addition is less than Rs.10 lacs. Similarly, in assessment year 2006-07 also, the income is assessed u/s. 115JB of the Act and the tax effect on disputed amount is less than Rs.10.00 lakhs.

3.

It is noticed that the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. Learned Sr. DR could not controvert the fact that tax effect involved in the appeals is less than Rs.10,00,000/-. 3. From para 10 of the above Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in these appeals is admittedly less than the prescribed limit i.e. Rs. 10,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeals without going into merits of the case. However, the Department is at liberty to file the Miscellaneous Application, if the tax effect is found to be more than the prescribed limited of Rs. 10 lacs or otherwise. Accordingly, the appeals of the Revenue stand dismissed. 6. In the result, both the appeals of the Revenue are dismissed. The decision is pronounced in the open court.

More judgments on Section 115JB

All 5,494 judgments and leading authorities on Section 115JB →

Recent GST High Court judgments

Search GST case law →